ASep Healthcare Ltd v Multigate Medical Products Pty Ltd

The Registrar of Trade Marks, Iain Campbell Thompson, considered an opposition by ASep Healthcare Ltd to the trade mark application by Multigate Medical Products Pty Ltd. The core of the dispute concerned whether the grounds of opposition raised by ASep Healthcare Ltd were sufficiently established to prevent the registration of Multigate Medical Products Pty Ltd's trade mark.

The Registrar was required to determine the extent to which the grounds on which the application was opposed had been established, and consequently, whether to refuse or register the trade mark. The Registrar also had to consider the implications of any potential appeal against the decision.

Applying section 55 of the Act, the Registrar found that the Opponent (ASep Healthcare Ltd) had not established its opposition to the registration of the trade mark. Accordingly, the Registrar directed that the trade mark could proceed to registration one month from the date of the decision, unless an appeal was lodged. In the event of an appeal, registration was to be stayed until the appeal was resolved. The Registrar also ordered that the Opponent pay the costs of the application.